Approved I 130 for a wife of LPR; What's next ? Follow up..

Boston, MA Viewed 54 times. Posted about 1 month ago in Immigration

I aplogize as I missed too much details about this case the 1st time. I am a LPR any just got an I 130 approved from USCIS for my wife who resides here in the US. She has been legal all the time as her asylum case is still pending. My wife entered legally as a visitor and applied for asylum. The reason I did not file I 485 with her I 130 is becuase I filed I485 for asylum for her. Can I file two I485? I will file n-400 in two weeks. She has a master hearing on her asylum in two months.

How can effectively orchestrate this case(s)? Your help is much appreciated.

Answers (1)

Cynthia Beth Rosenberg

This attorney is licensed in Maryland. Posted about 1 month ago.

First, you will be able to file I-485 for her after you are a citizen as then she will be an immediate relative (no wait for a priority date) Since she is in proceedings on the asylum, you may want to ask for a continuance at the master calendar to give you time to naturalize. Have there been been previous continuances? You should certainly get one as a matter of normal procedure, even just to get an attorney.

If her asylum case is strong, she can still proceed on that but she will then have to wait one year after her grant of asylum to file for adjustment. I dol not understand why she filed I-485 as an asylum seeker.
To summarize
1, file for your natz as soon as eligible
2. Ask for continuance on master calendar and show them receipt for your N-400, copy for judge and copy for government lawyer.
3. Upon your natz, file I-485 before the judge, based on approved I-130 not with CIS.

If your natz is problematic, she must proceed with the asylum case.